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Hello everyone... Welcome to "Vamsi’s bLAWg",

Vamsi's blawg covers notable legal cases, trends and personalities of interest. I (Vamsi Lanka) am the lead writer of the blog, which includes contributions from others too. Have a comment or tip? Write to lawyersir@gmail.com.

Tuesday, March 8, 2011

SUPREME COURT RULING ON EUTHANASIA


In a path-breaking Judgment, the Supreme Court of India on Monday (07-03-2011) ruled in favour of “PASSIVE EUTHANASIA” in case of patients in permanent vegetative state (PVS) and stated that such a decision arrived at by close relatives and doctors can be undertaken only after the approval of the high court.

In the landmark verdict, a Bench of Justices Markandey Katju and Gyan Sudha Mishra laid down strict guidelines to process “passive euthanasia” till Parliament passes a law, while making a clear distinction between “active euthanasia”, which means ending the life of a patient by injecting medication and “passive euthanasia”, permitting doctors to withdraw life support to a terminally ill patient. The apex court said there was no ambiguity in the law on “active euthanasia”, a crime under IPC sections 302 (murder), 304. The court however rejected a plea to end the life of Aruna Ramachandra Shanbaug, a Mumbai nurse who has been in a vegetative state for 37 years.

The court said, “a decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient.” The court observed that there was always a risk in our country that it could be misused by some unscrupulous persons who wished to inherit or otherwise grabbed the property of the patient.

“In the case of an incompetent person who is unable to take a decision whether to withdraw life support or not, it is the court alone, as parens patriae, (father of the country) which ultimately must take this decision, though, no doubt, the views of the near relatives, next friend and doctors must be given due weight,” the court said.

The Bench held that the high court has immense power under the Article 226 of the Constitution to decide the plea for mercy killings as it can issue not only writs but directions and orders also under the provision. “The Article 226 gives abundant power to the HC to pass suitable orders on the application filed by the near relatives or next friend or hospital staff seeking permission to withdraw the life support to an incompetent person like Aruna,” it said.

The court also laid down to the procedure for the HC to adjudicate on plea for mercy killing. “There is no statutory provision in our country as to the legal procedure for withdrawing life support to a person in PVS or who is otherwise incompetent to take a decision in this connection,” it said.
 The SC made it mandatory for the Chief Justice of the HC concerned constitute a Bench of at least two judges in case any plea for mercy killing was made for deciding it. It also directed that the HC should seek opinion a panel of three reputed doctors preferably of neurologist, physician and psychiatrist in this regard.

The ruling is likely to spark a fresh debate on the subject of euthanasia, which is illegal in India.  There are some concerns it could be misused if legalized. 
Aruna Ramachandra Shanbaug 


Glimpse of Aruna’s Case:
 *1966: Aruna, hailing from Haldipur, Uttar Kannada in Karnataka, joins King Edward Memorial Hospital, Bombay (Mumbai) as a staff nurse.

*Nov 27, 1973: Aruna, 24, is assaulted physically and sodomised by a sweeper, Sohanlal Valmiki, at the hospital, who ties a dog’s leash around her neck and yanks her with it.

*Nov 28, 1973: A cleaner finds her lying unconscious on the floor with blood all over. It is learnt that due to strangulation by the dog’s leash, supply of oxygen to the brain stopped and the brain got damaged. Later, nurses at KEM go on a three-day strike demanding additional security and better working conditions.

*1974: Sohanlal is sentenced to seven years’ imprisonment for attempt to murder and for robbing Aruna’s earrings.

*1998: Journalist and author Pinki Virani is given permission to shift Aruna for MRI to Jaslok Hospital. However, doctors, fearing it could cause Aruna’s death, retract the permission. The same year, ‘Aruna’s story, the true account of a rape and its aftermath’ authored by Pinki Virani is published.

*Dec 18, 2009: SC admits Pinki Virani’s petition for mercy killing of Aruna.

*Jan 24, 2011: SC appoints a team of three distinguished doctors of Mumbai — J V Divatia, Roop Gurshani and Nilesh Shah — to examine Aruna thoroughly and submit a report about her physical and mental condition.

Dr Sanjay Oak, Dean KEM Hospital, Mumbai issues a statement opposing euthanasia for Aruna.

*Feb 17: The team of doctors submits its report to the court.

*Feb 18: The Supreme Court  directs the three doctors to appear before it on March 2, 2011 and explain technical terms used in the report as well as share their views on euthanasia.

*Mar 2, 2011:  The SC reserves verdict.

*Mar 7, 2011: The Supreme Court dismisses plea for mercy killing of Aruna. Allows passive euthanasia under exceptional circumstances.
  
Other cases of Euthanasia:
*Jeet Narayan of Mirzapur in Uttar Pradesh in 2008 pleaded for euthanasia for his four sons - Durgesh (22), Sarvesh (18), Brijesh (13) and Sushil (10) - all crippled and paralysed below the neck. Narayan wrote to the president of India, but his plea was rejected. 

*Dilip Machua (30), a slag picker from Jamshedpur in Jharkhand who was paralysed due to an accident in November 2008, wrote to President Pratibha Patil for mercy death. He died later.

*United States: Nancy Cruzan of Missouri had a major car accident in 1983. She continued to be fed through a surgically-implanted gastrostomy tube. Eight years after the accident, in 1990 a Missouri circuit court allowed the removal of her artificial feeding system. Within two hours after the ruling, Cruzan’s doctor removed the tube and she died.

*Australia: John Whylie - died from an overdose of Nembutal, a powerful sleeping pill, in Sydney. His wife Shirley Justins and friend were accused of assisting his suicide-cum-murder.
(Source: Deccan Herald)



Thursday, February 3, 2011

EGYPT CRISIS - BEGINNING OF AN UPRISING


After days of protest, Egypt's civil unrest came to a head today, with protestors defying curfews as the nation's military entered the streets. Thousands of Egyptians took to the streets in Cairo and Suez, protesting the administration of President Hosni Mubarak late into the night. Protestors were eventually driven out of Tahrir—"Liberation"—square by authorities using water cannons and tear gas. 
Story behind protests

Protests started on January 25, inspired by the successful revolution in Tunisia. Thousands of people began taking to the streets to protest poverty, rampant unemployment, government corruption and autocratic governance of President Hosni Mubarak, who has ruled the country for thirty years (from 1981). These were the first protests on such a large scale to be seen in Egypt since the 1970s. The government responded by blocking Twitter, which was being used by organizers to coordinate protests.

President Hosni Mubarak
Blocking Twitter not only enraged Egyptian citizens; it also brought increased national attention to the uprising. Over the course of the next two days, Egypt proceeded to block Facebook while the much-hated riot police took to the streets, arresting and injuring hundreds with batons, tear gas water cannons. Protests occurred not only in Cairo, the capital, but also in Alexandria and Suez, two other major cities.
On Thursday as the protests continued to rage throughout the country, Nobel Laureate and former head of the International Atomic Energy Agency Mohamed ElBaradei (ehl-BEHR'-uh-day), returned to Egypt from Vienna, declaring that he was ready to lead the protests.

Often thought of as a potential Egyptian leader should Mubarak lose power? ElBaradei is a strong opposition force. Additionally, the Muslim Brotherhood, long a fierce opponent of the Mubarak regime and officially banned in Egypt, threw their weight behind the protestors, many of whom are young, tech-savvy Egyptians, reports the New York Times. Two-thirds of Egypt's population has never known a leader other than Mubarak.

The largest protests were planned for Friday, at which point the government took the unprecedented step of blocking all Internet services in the country. With Twitter and Facebook already down, email other social networking outlets fell as well. Text messaging was also blocked. Protestors and journalists began finding alternate means of getting online and pushing out information. During the day, the military was called in to take over security, a move that was welcomed by the protestors. Most Egyptians are reported to hold the armed services in higher regard than the police.

Thursday, December 16, 2010

JULIAN ASSANGE – HERO OR VILLAIN?

Julian Assange, founder of Wikileaks, the whistle blowing website relatively unknown until earlier this year, has masterfully manipulated elite media outlets. He has exasperated and humiliated the U.S. government and its diplomatic partners by creating a resilient, hard-to-kill worldwide network of websites that reveals their secrets. And he has in short order turned WikiLeaks and himself into household names, demonstrating how reality can be stranger than Hollywood fiction.
Today, Assange was granted bail set at €235,000, who was arrested on a request from Swedish authorities that he be extradited to face questioning in a sexual misconduct case. As the legal drama slowly unfolds, the world is debating whether Assange and his activities -- his systematic exposure of government and business secrets -- make him an arch-villain or a superhero.

BACKGROUND
Assange guards his privacy so ferociously that when he turned himself in to British police in connection with the Swedish sex case, he refused to be fingerprinted, photographed or swabbed for a DNA sample. Once in court, he refused to tell the judge his address, offering first a post-office box and then an Australian address where he lived several years ago. The "red notice" sent out by Interpol, which came after Swedish authorities issued their European warrant for his arrest, listed Assange's age as 39, and his place of birth as Townsville, Australia.
According to report published in the New Yorker magazine in June, shortly before WikiLeaks' first dump of Pentagon files, Assange's early life and family background were almost as turbulent as the recent events surrounding him. Published accounts including stories cited by Assange's lengthy entry in Wikipedia say that by the time he was 14, Julian and his mother had moved 37 times. For education, Julian was partly home-schooled, but also heavily self-taught.
"I spent a lot of time in libraries going from one thing to another, looking closely at the books I found in citations," he told the magazine.
At some point in his early teens, according to the New Yorker's account, Assange's mother rented a house across the street from an electronics shop. Assange wrote his first programs on a primitive Commodore 64 and was immediately hooked by the wonders of technology.
Later, he acquired a modem, which enabled him to plug into primitive computer networks. This in turn introduced him to the world of computer hacking, a pastime he is reported to have embraced with gusto. Using the nickname "Mendax"- a classical Latin word for "liar” Assange joined two other fledgling hackers to form a posse which called itself the "International Subversives." The group launched forays into the computer systems of some of America's most sensitive government installations, including nuclear weapon labs. But according to “Underground”, a book about the budding hacker subculture, for which Assange served as Australian author Suelette Dreyfus' researcher, he and his pals tried to operate by what in hindsight sound like a notably benign set of self-imposed guidelines: Don't damage or crash networks you hack into; don't mess with the data and share information.
Before he was out of his teens, Assange's involvement in the hacker subculture involved him in clashes with authority. At one point, Australian police raided his residence and confiscated his computer gear, though they later gave it back. In the early 1990s, Australian federal authorities launched a major investigation into the International Subversives, which, according to an account offered in the book he researched, fueled Assange's own growing paranoia.
"Mendax dreamed of police raids all the time. He dreamed of footsteps crunching on the driveway gravel, of shadows in the pre-dawn darkness, of a gun-toting police squad bursting through his backdoor at 5 am." Eventually the police also arrived on Assange's doorstep, arresting him and charging him with 31 counts of computer-related crime. However, after years of pre-trial litigation, when the case finally came to court, even though he pleaded guilty to 25 counts, he got away with paying a small sum in compensation.
According to the New Yorker, Assange became so strung out waiting for the knock on the door that his teenage sweetheart, whom he had married, found his behavior so intolerable that she moved out, taking with her their young son. He subsequently became embroiled in a bitter child custody fight with the child's mother; Assange's mother told the magazine this inculcated in her son a deep antipathy to bureaucracy which he believed was "squashing people." She and Julian even launched an organization to campaign against local child protection authorities.

WIKILEAKS
Burned out by his epic legal battles, Assange toured Asia, took on freelance work as a computer consultant and studied physics at the University of Melbourne. He also began blogging his thoughts to the world on matters both technical and metaphysical. His blog entries, which can still be found on the web, are a mixture of pseudo-scientific and philosophical gibberish, cultural and literary observations ("Kurt Vonnegut is dead."), extremely technical computer coding sequences and often jumbled political statements. But they also contained germs of ideas that seem to offer insights into Assange's psyche and signposts to his future pursuits.
Featured in Assange's blog are postings like a 2006 item entitled "What are the origins of hactivism," in which he talks about how U.S. government networks in 1989 had been penetrated by a worm whose source Assange claims to have traced to Melbourne, Australia, his own backyard. From these and other more technological ruminations Assange began to create the concept, and later the physical and electronic architecture, of what became WikiLeaks. According to his web-postings, he was deeply affected by the incident in Somalia involving the American military helicopter that was the inspiration behind the film "Black Hawk Down." Blog entries from December 2006 include an item headed: "Black hawk down, white wash (sic) up" and another entitled: "The pending total annihilation of the US regime in Somalia."
By December 2007, Assange was plugged in deeply enough into the world of international computer outlaws to find himself at the annual conference of the Chaos Computer Club, a German hacker group with a pedigree going back to 1981, the cyberspace equivalent of the Stone Age. At the conference, he met up with like-minded hacktivist Daniel Domscheit-Berg, a German programmer who received his first computer at age eight. At the time he met Assange, Domscheit-Berg was working as a troubleshooter for the international data services firm EDS. For him, WikiLeaks was initially a hobby. But in early 2009, Domscheit-Berg left his job to join WikiLeaks full-time, and for the next 18 months, he and Assange were partners and soulmates.

FROM PRANKSTERS TO PARIAHS
In its early stages, WikiLeaks was hardly an international sensation. The eclectic selection of other people's secrets that the website initially published included some of Sarah Palin's private emails and the confidential membership list of a British neo-fascist party. A year ago, the website stirred up an international furor by publishing emails exchanged among global warming experts.
WikiLeaks first major media breakthrough came last April. Assange journeyed to Washington, where he unveiled a 2007 combat video. Filmed from the flight deck of an American Apache helicopter in Baghdad, it showed the chopper crew repeatedly opening fire on a group of people on the ground, including some people in a van which approached and began helping the wounded. WikiLeaks took the official video, which the Pentagon had tried to keep secret, and inserted it in its own presentation of the material, which it captioned "Collateral Murder." The contretemps put WikiLeaks and its founder on the mainstream media map.

FROM TRIUMPH TO TRIBULATION
A few weeks after the release of the Iraq video, Nick Davies, a veteran British investigative journalist and author affiliated with London's Guardian, cornered Assange at the European Parliament with an intriguing proposal that the material in WikiLeaks possession might have more impact if it was carefully researched and turned into stories by respected mainstream media outlets.
Davies said he proposed to Assange that the Guardian and The New York Times should work on the material together. He pointed out that while under British law it might be easy for authorities to get a court order stopping the Guardian from making secret documents public, U.S. law would make it virtually impossible for any authority to shut down The New York Times. At Assange's insistence, the German weekly Der Spiegel was also added to the team.
Davies says that he and Assange worked out a secret password and wrote it down on a napkin. The password included the logo of the cafe where they were meeting. Two days later, Davies says, the Guardian team downloaded its first tranche of U.S. government secrets -- over 90,000 field reports generated by U.S. military units fighting in Afghanistan -- from a secret WikiLeaks website, which Davies says existed only for a few hours before it disappeared from cyberspace.
As Davies had predicted, the stories had a huge impact. But even as Assange and his media collaborators congratulated themselves on the attention they had brought to the leaked Afghan War papers, trouble was brewing behind the scenes. In particular, there were allegations that Assange had exaggerated how carefully he had vetted the Afghan War material before posting the documents on the WikiLeaks website. Not long after the Afghan documents were published, Assange gave the Guardian, New York Times and Der Spiegel advance access to the second of what he told associates was four tranches of secret U.S. documents acquired by WikiLeaks. This time the leak involved a set of almost 400,000 incident reports generated by U.S. military units in Iraq. The plan was for both the media outlets and WikiLeaks to take a bit more time going through the material and redacting it if necessary to avoid accusations that lives were being put in jeopardy.
By then, however, associates say that Assange's personal problems became a distraction. After two Swedish women went to the police in August following separate sexual encounters with Assange, some longtime supporters and even close associates began to turn on him. Birgitta Jonsdottir, a political activist in Iceland and one erstwhile WikiLeaks collaborator who became so irked by Assange's antics proposed Assange step down as WikiLeaks leader at least until the Swedish sex inquiry was resolved. Not long afterward, Daniel Domscheit-Berg, the German programmer who had been Assange's closest WikiLeaks collaborator, broke with Assange in even more spectacular fashion.
Already distressed by what he viewed as WikiLeaks' careless editing of the Afghan War documents, Domscheit-Berg and Assange got into the online equivalent of a shouting match when Assange accused Domscheit-Berg of leaking information to a journalist about internal WikiLeaks criticism of Assange over the sex case.
Domscheit-Berg is creating a disclosure website called Open Leaks as a rival to WikiLeaks now and he is also writing a book about his WikiLeaks experience and in a copy of blurb about the book, Domscheit-Berg says about Assange: "It is not for nothing that many who have quit refer to him as a 'dictator.' He thinks of himself as the autocratic ruler of the project and believes himself accountable to no-one."
Key journalists who worked with Assange on stories dug out of WikiLeaks cache of secret U.S. government files including its latest dump of around 250,000 State Department cables, which has been roiling international diplomacy for more than a week also became disillusioned by Assange's imperial manner. They lambasted his penchant for making deals with additional media organizations behind the backs of outlets which thought he had promised them relative exclusivity.
With Assange in jail, WikiLeaks has continued rolling out the State Department cables, though the site appears more cautious than it had been when releasing the Pentagon's Afghan and Iraq documents. For example, in the latest batch of secret diplomatic exchanges, potentially sensitive information, including the names of foreigners with whom American officials were in contact, was redacted from cables posted by WikiLeaks itself.
To his most ardent admirers and there still are many, including the hackers who have launched repeated cyber attacks on his perceived enemies -- even if Assange's activities and personality is flawed, his achievements and brilliance should earn him forbearance.
Suelette Dreyfus, the Australian author whose book on hackers Assange helped to research, put it this way: "It does take a certain type of strength and backbone to do (what Assange does), and these are pretty rare qualities because the risks are pretty high."